BILL NUMBER: SB 984	CHAPTERED  08/21/00

	CHAPTER   213
	FILED WITH SECRETARY OF STATE   AUGUST 21, 2000
	APPROVED BY GOVERNOR   AUGUST 18, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	PASSED THE ASSEMBLY   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000
	AMENDED IN ASSEMBLY   MAY 9, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   MARCH 28, 2000

INTRODUCED BY   Senator Polanco
   (Principal coauthors:  Assembly Members Villaraigosa and Cardenas)

   (Coauthors:  Senators Dunn and O'Connell)
   (Coauthors:  Assembly Members Alquist, Calderon, Cedillo, Correa,
Floyd, Frusetta, Granlund, Honda, Lempert, Longville, Reyes,
Washington, Wesson, Wiggins, Wildman, and Wright)

                        FEBRUARY 26, 1999

   An act to amend Sections 37220.6 and 37220.5 of, and to add
Section 51008 to, the Education Code, and to amend Sections 19853 and
19853.1 of the Government Code, relating to Cesar Chavez Day, and
making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 984, Polanco.  State holidays:  Cesar Chavez Day.
   (1) Existing law authorizes the public schools to close on March
31 for Cesar Chavez Day and authorizes the public schools to include
exercises commemorating and directing attention to the history of the
farm labor movement in the United States and particularly the role
therein of Cesar Chavez.
   This bill would require the State Board of Education to adopt a
model curriculum guide for use by public schools for exercises
related to Cesar Chavez Day.
   The bill would require the State Board of Education to ensure that
the state curriculum framework, where appropriate, includes
instruction on Cesar Chavez and the history of the farm labor
movement in the United States and that state criteria for selecting
textbooks include information to guide the selection of textbooks
that highlight the life and contributions of Cesar Chavez and the
history of the farm labor movement in the United States.
   The bill would create the Cesar Chavez Day of Service and Learning
program to promote service to the communities of California in honor
of the life and work of Cesar Chavez.  The bill would require the
California Commission on Improving Life Through Service, in
collaboration with the California Conservation Corps, to administer
the program.  The bill would authorize the California Commission on
Improving Life Through Service to make grants to local and state
operated Americorps and Conservation Corps programs that are created
and organized in collaboration with community groups.  The bill would
authorize the local and state operated Americorps and Conservation
Corps to submit proposals for programs that will engage pupils
through their schools and school districts in community service that
honors the life and work of Cesar Chavez.
   The bill would require that in order for the community service
performed under the program to be counted as instructional time, the
service must be performed under the supervision of a teacher.
   (2) Existing law includes March 31, known as Cesar Chavez Day as a
state holiday.
   This bill would provide that March 31 is a paid holiday for state
employees, as specified.
   (3) The bill would appropriate funds from the General Fund,
according to a specified schedule, to fund the grant programs and
creation or revision of curriculum.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 37220.5 of the Education Code is amended to
read:
   37220.5.  (a) In addition to the holidays prescribed in Section
37220, public schools may be closed on March 31, known as "Cesar
Chavez Day," or the appropriate Monday or Friday following or
preceding that date, if the governing board, pursuant to a memorandum
of understanding reached pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, agrees
to close schools for that purpose.
   (b) On March 31 or on the day determined by the governing board,
public schools and educational institutions throughout the state may
include exercises, funded through existing resources, commemorating
and directing attention to the history of the farm labor movement in
the United States and particularly the role therein of Cesar Chavez.
The State Board of Education shall adopt a model curriculum guide to
be available for use by public schools for exercises related to
Cesar Chavez Day.
  SEC. 2.  Section 37220.6 is added to the Education Code, to read:
   37220.6.  (a) There is hereby created the Cesar Chavez Day of
Service and Learning program to promote service to the communities of
California in honor of the life and work of Cesar Chavez.  The
program shall be administered by the California Commission on
Improving Life Through Service in collaboration with the California
Conservation Corps.
   (b) The California Commission on Improving Life Through Service
may make grants to local and state operated Americorps or
Conservation Corps programs that submit proposals to engage pupils
through their schools and school districts in community service that
qualifies as instructional time on Cesar Chavez Day, pursuant to
Section 37220.5, that honor the life and work of Cesar Chavez.  The
programs shall be created and organized in consultation with
community groups.  The Americorps or Conservation Corps programs may
implement or administer the programs in collaboration with community
groups and nonprofit organizations.  The proposals shall demonstrate
all of the following:
   (1) The ways and extent to which the program will be a
collaborative effort between schools and the Americorps program or
Conservation Corps program.
   (2) The ways that the service will be connected to instruction on
the life and work of Cesar Chavez provided on Cesar Chavez Day.
   (3) The way in which the service provided will make a meaningful
contribution to the community.
   (c) Grants made pursuant to subdivision (b) shall be in the amount
of one dollar ($1) for each participating pupil, or two hundred and
fifty dollars ($250) for each school, whichever is greater.  The
California Commission on Improving Life Through Service may, at its
discretion, adjust the grant amount to account for school district
size, the size of the project, and the demand on existing funding.
Under no circumstances may the amount granted exceed the amount of
funding appropriated to carry out this section.
   (d) In order for the community service performed under this
program to be counted as instructional time, the service shall be
performed under the supervision of a teacher.
   (e) The Superintendent of Public Instruction shall develop or
revise, as needed, a model curriculum on the life and work of Cesar
Chavez and submit the model curriculum to the State Board of
Education for adoption pursuant to subdivision (b) of Section
37220.5.  Upon adoption, the Superintendent of Public Instruction
shall distribute the model curriculum to each school.
   (f) It is the intent of the Legislature that nothing in this
section, or in the act that adds this section, shall be construed to
impose a mandate on school districts.
   (g) For the purposes of this section, "school district" includes
school districts, charter schools, and county offices of education.
  SEC. 3.  Section 51008 is added to the Education Code, to read:
   51008.  The State Board of Education shall ensure that the state
curriculum and framework, where appropriate, include instruction on
Cesar Chavez and the history of the farm labor movement in the United
States, and that the state criteria for selecting textbooks include
information to guide the selection of textbooks that contain sections
that highlight the life and contributions of Cesar Chavez and the
history of the farm labor movement in the United States.
  SEC. 4.  Section 19853 of the Government Code is amended to read:
   19853.  (a) Except as provided in subdivision (c), all employees
shall be entitled to the following holidays:  January 1, the third
Monday in January, February 12, the third Monday in February, March
31, the last Monday in May, July 4, the first Monday in September,
the second Monday in October, November 11, the day after
Thanksgiving, December 25, the day chosen by an employee pursuant to
Section 19854, and every day appointed by the Governor of this state
for a public fast, thanksgiving, or holiday.
   If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed.  If November 11th falls upon a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
  Any employee who may be required to work on any of the holidays
included in this subdivision, and who does work on any of these
holidays, shall be entitled to be paid compensation or given
compensating time off for that work in accordance with their
classification's assigned workweek group.  For the purpose of
computing the number of hours worked, time when an employee is
excused from work because of holidays, sick leave, vacation, annual
leave, or compensating time off, shall be considered as time worked
by the employee.
   (b) If the provisions of subdivision (a) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
   (c) Any employee, who is either excluded from the definition of
state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service, shall be entitled to the following
holidays, with pay, in addition to any official state holiday
appointed by the Governor:
   (1) January 1, the third Monday in January, February 12, the third
Monday in February, March 31, the last Monday in May, July 4, the
first Monday in September, the second Monday in October, November 11,
Thanksgiving Day, the day after Thanksgiving, December 25, and any
personal holiday chosen pursuant to Section 19854.  The department
head or designee may require an employee to provide five working days'
advance notice before a personal holiday is taken, and may deny use
subject to operational needs.
   (2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.
   (3) When a holiday, other than a personal holiday or November 11,
falls on a Saturday, an employee shall, regardless of whether he or
she works on the holiday, only accrue an additional eight hours of
personal holiday credit per fiscal year for the holiday.  The holiday
credit shall be accrued on the actual date of the holiday and shall
be used within the same fiscal year.
   (4) When a holiday other than a personal holiday falls on Sunday,
employees shall be entitled to the following Monday as a holiday with
pay.
   (5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification's assigned workweek group.
   (6) Less than full-time employees shall receive holidays in
accordance with Department of Personnel Administration rules.
   (d) (1) Any employee, as defined in subdivision (c) of Section
3513, may elect to receive eight hours of holiday credit for the
fourth Friday in September, known as "Native American Day," in lieu
of receiving eight hours of personal holiday credit in accordance
with Section 19854.
   (2) It is not the intent of the Legislature, by the amendments to
this subdivision that add this paragraph, to increase the personal
holiday credit that an employee receives pursuant to Section 19854.
   (e) This section shall become effective with regard to the March
31 holiday only when the Department of Personnel Administration
notifies the Legislature that the language contained in this section
has been agreed to by all exclusive representatives, and the
Department of Personnel Administration authorizes this holiday to be
applied to employees designated as excluded from the Ralph C. Dills
Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title
1), and the necessary statutes are amended to reflect this change.
  SEC. 5.  Section 19853.1 of the Government Code is amended to read:

   19853.1.  (a) Notwithstanding Section 19853, this section shall
apply to state employees in State Bargaining Unit 5.
   (b) Except as provided in subdivision (c), all employees shall be
entitled to the following holidays:  January 1, the third Monday in
January, the third Monday in February, March 31, the last Monday in
May, July 4, the first Monday in September, November 11, the day
after Thanksgiving, December 25, and every day appointed by the
Governor of this state for a public fast, thanksgiving, or holiday.
   If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed.  If November 11 falls upon a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
  Any employee who may be required to work on any of the holidays
included in this section and who does work on any of these holidays
shall be entitled to be paid compensation or given compensating time
off for that work in accordance with his or her classification's
assigned workweek group.
   (c) If the provisions of subdivision (b) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
   (d) Any employee who either is excluded from the definition of
state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service, is entitled to the following
holidays, with pay, in addition to any official state holiday
appointed by the Governor:
   (1) January 1, the third Monday in January, the third Monday in
February, March 31, the last Monday in May, July 4, the first Monday
in September, November 11, Thanksgiving Day, the day after
Thanksgiving, and December 25.
   (2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.
   (3) When a holiday, other than a personal holiday, falls on a
Saturday, an employee shall, regardless of whether he or she works on
the holiday, accrue only an additional eight hours of personal
holiday credit per fiscal year for the holiday.  The holiday credit
shall be accrued on the actual date of the holiday and shall be used
within the same fiscal year.
   (4) When a holiday other than a personal holiday falls on Sunday,
employees shall be entitled to the following Monday as a holiday with
pay.
   (5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification's assigned workweek group.
   (6) Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Personnel
Administration rules.
   (e) Any employee, as defined in subdivision (c) of Section 3513,
may elect to use eight hours of vacation, annual leave, or
compensating time off consistent with departmental operational needs
and collective bargaining agreements for the fourth Friday in
September, known as "Native American Day."
   (f) This section shall become effective with regard to the March
31 holiday only when the Department of Personnel Administration
notifies the Legislature that the language contained in this section
has been agreed to by all exclusive representatives, and the
Department of Personnel Administration authorizes this holiday to be
applied to employees designated as excluded from the Ralph C. Dills
Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title
1), and the necessary statutes are amended to reflect this change.
  SEC. 6.  The following sums are hereby appropriated from the
General Fund to be allocated according to the following schedule:
   (a) Five million dollars ($5,000,000) to the California Commission
on Improving Life Through Service, on an annual basis, for the
purpose of funding grants to local and state operated Americorps and
Conservation Corps programs, up to 5 percent of which may be used for
state level administration costs.
   (b) One million dollars ($1,000,000) to the Superintendent of
Public Instruction for the purpose of developing or revising, as
needed, a model curriculum on the life and work of Cesar Chavez and
distributing that curriculum to each school.
